Evidence

March 28, 2012

Christian Fernandez’s Mother Pleas Guilty In Duval County Courthouse

As the trial for first-degree Murder of 13 year old Christian Fernandez continues, his Mother’s case has come to an end. His mother, Biannela Susana, charged with Aggravated Manslaughter has pleaded Guilty in Duval County’s Courthouse Wednesday. According to the plea bargain entered into she is facing a prison term between 13 months and 30 years.

The victim, David Galarriago, was her 2 year old son. According to the arrest and booking report, Biannela returned home to find her son unconscious. She then proceeded to clean the child, change his clothes, and place ice on his head. It was not until 2 hours later Biannela took her son to St. Luke’s Hospital for treatment.

Plea Bargaining is an essential part of St. Augustine Criminal Defense. As a Criminal Defense Lawyer, I know that most cases are handled through Plea Bargaining and very few actually make it to trial. In most cases, Plea Bargaining is in the best interest of the St. Augustine Criminal Defendant. As a Criminal Attorney, I advise all my clients of the pros and cons of a plea bargain. My attention to detail and driven attitude assist my clients in receiving the best possible outcome. Therefore, if you are facing a St. Augustine Criminal Offense or are located in the surrounding area, contact a St. Augustine Criminal Defense Lawyer today. It could prove to make all the difference in your case.

March 26, 2012

Florida Resident Accused of Arson after House set Ablaze

by David M. Goldman

The alleged Arson incident occurred on Sunday morning in the Pleasant Grove area. Fire departments from the surrounding area responded to calls about a “woman appear[ing] to be trying to set the house on fire.” By the time the fire crews arrived the house was already full of smoke and flames were coming from the home. Although they were able to get the fire under control, the house has been deemed a complete loss.

The woman, later determined to be the occupant of the home has been arrested for Arson. However, she was taken to a local Florida Hospital for abdominal pain following the incident. As a Jacksonville Criminal Defense Lawyer that fact alone brings questions to my mind. First, was this woman actually attempting to set fire to her home or was she merely attempting to put out the flames? Also, regarding the abdominal pain, what was its cause? Did it play a factor in her actions? All these questions and more I would like answered if I represented this Defendant.

Regarding her pending charges. In Jacksonville, Florida Arson is defined under Florida Statute § 806.01. The Statute is divided into two sections, one dealing with burning of a structure that is occupied and the other dealing with the burning of an unoccupied structure. The first part of the statute reads,

March 19, 2012

Woman Arrested for DUI Following Bike Week

by David M. Goldman

Florida Highway Patrol (FHP) arrested 77 year old Barbara Dunn for DUI after crashing into a group of Bikers. According to the report, Dunn was driving North on Oceanshore Blvd. when she swerved into the Southbound lanes. Once heading in the wrong direction, she struck a group of bikers heading South. Unfortunately, one biker died as a result of the accident and two others were injured. Dunn is currently in Volusia County Jail for a DUI charge.

As a Jacksonville Criminal Defense Lawyer this story comes as no surprise. Last weekend was a big weekend all around Florida; especially in Daytona. In Daytona Bike Week was wrapping up and St. Patrick’s Day celebrations were occurring as well. It was a time of fun, sun, drinks, and more. But, some, like Dunn, over indulge and take to the wheel. Driving under the influence is a Criminal Offense and can hold some severe penalties. As a Jacksonville Criminal Defense Lawyer I can assist you in your defense and make sure your rights are being protected along the way.

Driving under the Influence happens, but sometimes the Officers get it wrong. Was the breathalyzer broken or malfunctioning? Was there another reason you did not perform well on field sobriety test? Did you refuse the test? What evidence does the State have against you? All these questions and more can be answered by a Jacksonville Criminal Defense Lawyer during your initial FREE consultation. As a Jacksonville Criminal Defense Lawyer I can make the determinations as to what defenses apply and make sure your rights are being protected. Therefore, if you or a loved one are facing a Florida DUI, contact a Jacksonville Criminal Defense Lawyer today. It could prove to make all the difference in your Florida Criminal Case.

March 16, 2012

Mobile Home Destroyed by Arson

by David M. Goldman

Jacksonville has the appeal of a big city while still being able to hold on to that small town feel. Most residents enjoy the shops of downtown, the beaches, and the multitude of options for food and drink. However, like any city, Jacksonville is subject to crime from time to time. Recently, I read an article about a potential arson of a mobile home off of Phillips Highway. This is one a several alleged arson plaguing Jacksonville in the past months. But it leads to the question; what is Arson and the penalties attached thereto?

In Jacksonville Florida, Arson is defined by Florida Statute § 806.01 as “any person who willfully and unlawfully, or while in the commission of any felony, by fire or explosion, damages or causes to be damaged:

Any dwelling, whether occupied or not, its contents;

March 14, 2012

Jacksonville Criminal Defense Lawyer Quoted In Tampa Bay Times

by David M. Goldman

A Jacksonville Criminal Defense Lawyer, Christopher D. Walsh, was recently quoted in a news article in the Tampa Bay Times regarding the Florida Evidentiary Standard. More specifically, regarding the Williams rule as it pertains to prior bad acts.

The Article can be read at “Will Pasco jurors hear about murder in defendant’s past?” written by Lisa Buie, a Times Staff Writer.

The general rule of Florida Evidence is evidence relating to the Defendant’s prior bad acts (i.e. crimes or wrongful conduct) is not admissible. However, under the Williams rule such evidence is admissible if relevant to prove a material fact in issue. A material fact can be described as a motive, opportunity, intent, preparation, identity, or the absence of a mistake or accident. Additionally, a prosecutor cannot bring in evidence relating to a Defendant’s bad character, unless the Defendant first “opens the door.” Basically, a prosecutor cannot present evidence of the Defendants bad character before the Defendant takes the stand and testifies to his “good” character.

March 14, 2012

I Missed my Court Date, What can Happen to Me?

by David M. Goldman

Have you been arrested in Jacksonville, St. Johns, Clay, or Nassau County? Were you scheduled to appear before a judge but failed to appear for one reason or another? If so, you could be facing a Jacksonville Capias. This will only compound an already serious Florida Criminal Offense case. That is why the advise, counsel, and representation of a Jacksonville Criminal Defense Lawyer may prove to be invaluable in your Florida Criminal Offense case.

In Jacksonville, if a Jacksonville Criminal Defendant misses a court date, the judge will issue a capias. A capias is also known as a bench warrant, because the Jacksonville Criminal Defendant failed to appear in court. Usually, the Jacksonville Criminal Defendant is arrested pursuant to the Jacksonville warrant and must go before the judge to explain the circumstances surrounding your failure to appear. Depending upon the circumstances the Jacksonville Criminal Defendant’s failure to appear in court, he or she may be able to get the warrant recalled. If the warrant is recalled, then the Jacksonville Criminal Defendant will not be arrested, and he or she can proceed with the case as if the judge never issued the capias.

However, If you have missed a court date, you should talk to a Jacksonville Criminal Defense Lawyer. Do not flee, because that could only make things worse. In some cases, you may be charged as a fugitive and extradited. In contrast, if you do nothing, you may be arrested when you least expect it, as a police officer will take you into custody if he or she discovers the Jacksonville Arrest Warrant. In some Jacksonville Florida criminal cases, you may be able to work a case out, including the outstanding capias, all at one time avoiding any type of arrest.

March 8, 2012

Man Charged with Aggravated Assault after Attempting to Strike Neighbor with Truck

by David M. Goldman

During these tough economic times sometimes emotions can flare and these outbursts of emotion can cause some St. Augustine residents to take action that normally would not occur. With that being said, not all actions and pending St. Augustine Criminal Charges are finite and undisputable. Police could have gotten the facts incorrect, the suspected victims could exaggerate the situation, or there could just be a misunderstanding amongst the parties.

This brings to mind a recent article that could potentially support my theory. Earlier this week a St. Augustine man was arrested for two counts of aggravated assault after allegedly attempting to run down his neighbor and his one year old kid. Police state the suspect tried to reverse over the alleged victims as he drove his truck in the alley between his place of business and the alleged victim’s residence. Police also a possible ongoing dispute between these two parties.

As a Criminal Defense Lawyer, I read this article and it made me think about the serious implications from this alleged incident and the potential for misunderstanding between the parties. Could the driver not have seen the two walking in the alley? The police mentioned he drove a Dodge Pickup; they can be quite large. Could the alleged victims just be blowing an ongoing dispute out of proportion? What evidence is available to prove intent on behalf of the suspect? All these questions and more are considered when taking on a St. Augustine Criminal Case.

February 27, 2012

Man Charged with Arson After Setting a Car and Motorcycle on Fire

by David M. Goldman

Last week a St. Augustine resident was arrested and charged with 2 counts of Arson following an incident Thursday morning. According to the reports, the suspect, James Greaves, set his car and his roommate’s motorcycle on fire. One aspect of this incident that was suspicious is the fact that the roommate is not going to press charges against his roommate after burning his motorcycle. As a Jacksonville Criminal Defense Lawyer that fact alone brings questionable motives into this event. But, only time will reveal the true motives of the suspect and his reasoning behind his activities.

This incident brings to mind the number of Arson investigations and arrest that occur in Jacksonville every year. Just since the new year, 2012, there have been numerous Arson investigations and with this unexplained fires, sometimes, tragedy can strike. These unexplained fires, if determined intentional, can hold someone liable for Arson, which could constitute either a first degree felony or a second degree felony depending upon the circumstances.

In Jacksonville, Florida Arson is defined under Florida Statute § 806.01. The Statute is divided into two sections, one dealing with burning of a structure that is occupied and the other dealing with the burning of an unoccupied structure. The first part of the statute reads,

February 16, 2012

New Orleans Judge Seeks Private Attorneys to take Pro Bono Cases

by David M. Goldman

The ABA Journal reported today that a Louisiana criminal judge asked several high-profile attorneys for pro bono service, because 21 public defenders were laid off. The Journal reported:

“A New Orleans judge has sent letters to 33 high-profile lawyers asking them to handle criminal cases for free after the public defender’s office laid off 21 lawyers.

Judge Arthur Hunter said he would take action during a hearing last week, the New Orleans Times-Picayune reports. “This is not a constitutional crisis,” Hunter said. “This is a constitutional emergency.”

February 10, 2012

Florida Teen Who Killed his Grandmother has been Charged

by David M. Goldman

19 year old, Jasper Smiddie, of Lake Wales, Florida has been charged with the heinous murder of his grandmother. According to Police reports, the grandmother, 67 year old Gloria Helfrinch, was stabbed 93 times, hit with a wrench, and shot with a crossbow. The suspect was arrested the following morning and has subsequently been charged with first-degree murder.

As a Jacksonville Criminal Defense Lawyer I hear about different Murder cases all the time, but this one has stood out from the rest. According to investigating authorities, the boy originally planned on killing his uncle, but instead decided to kill his grandmother to make his uncle “suffer.” However, this case proceeds further, after killing his grandmother in her room in the house they share; his uncle came over for dinner and a movie, completely unaware of what had occurred just a few feet away. It was not until the next morning when the boy left that he called his father and notified him of what he had done.

In Florida Murder is defined within Florida Statute § 782.04 as, the unlawful killing of another human being when perpetrated from a premeditated design to effect the death of the person killed or any human being. In this case, the offense would constitute a first-degree felony and could be facing the death penalty or life in prison. However, there may be some mitigating circumstances that could potentially reduce his sentence, if convicted. Does this boy suffer from any mental deficiencies that would hinder his ability to reason? Were there any other mitigating factors that may negate liability? Was a confession given? If so, were proper procedures taken? These are just a few avenues a Jacksonville Defense Lawyer would consider.